Object of the Act

The Factories Act, 1948 was enacted and came into force with the objective to provide adequate compensation to the affected persons.

The Act extends to the whole of India and persons employed in factories, mines, plantation, construction, mechanically propelled vehicles and in some hazardous occupations are covered under the provisions of the Act.

The main object of the Factories Act, 1948 is to ensure adequate safety measures and to promote the health and welfare of the workers employed in factories. It seeks to impose upon the owner or the occupier certain obligations to protect the workers and to secure for them employment in conditions conducive to their health and safety.

 Applicability of the Act

 • It extends to the whole of India w.e.f. the lst day of April, 1949.

• It applies to factories as defined under the Act. Applicable to all factories using power and employing 10 or more workers, and if not using power, employing 20 or more workers on any day of the preceding 12 months. But it does not include a mine subject to the operation of the Mines Act, 1952 or a mobile unit belonging to the armed forces of the Union, a railway running shed or a hotel, restaurant or eating place.

 • The benefits of this Act are available to persons who are employed in the factory and be covered within the meaning of the term “worker” as defined in the Act. But the definition of worker excludes any member of the armed forces of the Union Scheme of the Act

The Act consists of 120 Sections and 3 Schedules. Schedule 1- contains list of industries involving hazardous processes Schedule 2 -is about permissible level of certain chemical substances in work environment. Schedule 3 -consists of list of notifiable diseases.

Definitions

“Adult” {Section 2(a)}

Adult means a person who has completed his eighteenth year of age;

“Adolescent” {Section 2(b)}

Adolescent means a person who has completed his fifteenth year of age but has not completed his eighteenth year;

“Calendar Year” {Section 2(bb)}

Calendar Year means the period of twelve months beginning with the first day of January in any year;

 “Child” {Section 2(c)}

Child means a person who has not completed his fifteenth year of age;

“Competent Person” {Section 2(ca)}

Competent Person, in relation to any provision of this Act, means a person or an institution recognized as such by the Chief Inspector for the purposes of carrying out tests, examinations and inspections required to be done in a factory under the provisions of this Act having regard to- (i) the qualifications and experience of the person and facilities available at his disposal; or (ii) the qualifications and experience of the persons employed in such institution and facilities available therein, with regard to the conduct of such tests, examinations and inspections, and more than one person or institution can be recognized as a competent person in relation to a factory;

“Hazardous Process” {Section 2(cb)}

Hazardous process means any process or activity in relation to an industry specified in the First Schedule where, unless special care is taken, raw materials used therein or the intermediate or finished products, byeproducts, wastes, or effluents thereof would-(i) cause material impairment to the health of the persons engaged in or connected therewith, or(ii) result in the pollution of the general environment: It is provided that the State Government may, by notification in the Official Gazette, amend the First Schedule by way of addition, omission or variation of any industry, specified in the said Schedule;

“Young Person” {Section 2(d)}

Young person means a person who is either a child or an adolescent;

 “Day” {Section 2(e)} Day means a period of twenty-four hours beginning at midnight;

“Week” {Section 2(f)} Week means a period of seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the Chief Inspector of Factories;

“Manufacturing Process” {Section 2(k)} Manufacturing Process means any process for – (i) Making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal, or

(ii) Pumping oil, water, sewage or any other substance; or

(iii) Generating, transforming or transmitting power; or

(iv) composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding;or

(v) Constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; or

(vi) Preserving or storing any article in cold storage;

“Worker” {Section 2(l)}

Worker means a person employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not], in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process but does not include any member of the armed forces of the Union;.

“Factory” ;{Section 2(m)}

Factory means any premises including the precincts thereof-

(i) whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or

(ii) Whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on.  

 “Occupier” ;{Section 2(n)}

Occupier of a factory means the person who has ultimate control over the affairs of the factory; PROVIDED that –

(i) in the case of a firm or other association of individuals, any one of the individual partners or members thereof shall be deemed to be the occupier;

(ii) in the case of a company, any one of the directors shall be deemed to be the occupier; (iii) in the case of a factory owned or controlled by the Central Government or any State Government, or any local authority, the person or persons appointed to manage the affairs of the factory by the Central Government, the State Government or the local authority, as the case may be, shall be deemed to be the occupier.

Powers of Inspectors (Section 9)

Subject to any rules made in this behalf, an Inspector may, within the local limits for which he is appointed, exercise the following powers- (a) enter, with such assistants, being persons in the service of the government, or any local or other public authority, or with an expert as he thinks fit, any place which is used, or which he has reason to believe is used, as a factory;

(b) make examination of the premises, plant, machinery, article or substance;

 (c) inquire into any accident or dangerous occurrence, whether resulting in bodily injury, disability or not, and take on the spot or otherwise statements of any person which he may consider necessary for such inquiry;

(d) require the production of any prescribed register or any other document relating to the factory;

 (e) seize, or take copies of, any register, record or other document or any portion thereof as he may consider necessary in respect of any offence under this Act, which he has reason to believe, has been committed;

(f) direct the occupier that any premises or any part thereof, or anything lying therein, shall be left undisturbed (whether generally or in particular respects) for so long as is necessary for the purpose of any examination under clause (b);

(g) take measurements and photographs and make such recordings as he considers necessary for the purpose of any examination under clause (b), taking with him any necessary instrument or equipment;

(h) in case of any article or substance found in any premises, being an article or substance which appears to him as having caused or is likely to cause danger to the health or safety of the workers, direct it to be dismantled or subject it to any process or test (but not so as to damage or destroy it unless the same is, in the circumstances necessary, for carrying out the purposes of this Act), and take possession of any such article or substance or a part thereof, and detain it for so long as is necessary for such examination;

(i) exercise such other powers as may be prescribed: It is provided that no person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself.

(ii) Certifying surgeons

According to section 10, the State Government may appoint qualified medical practitioners to be certifying surgeons for the purposes of this Act within such local limits or for such factory or class or description of factories as it may assign to them respectively. A certifying surgeon may, with the approval of the State Government, authorize any qualified medical practitioner to exercise any of his powers under this Act for such period as the certifying surgeon may specify and subject to such conditions as the State Government may think fit to impose, and references in this Act to a certifying surgeon shall be deemed to include references to any qualified medical practitioner when so authorized. No person shall be appointed to be, or authorized to exercise the powers of a certifying surgeon, or having been so appointed or authorized, continue to exercise such powers, who is or becomes the occupier of a factory or is or becomes directly or indirectly interested therein or in any process or business carried on therein or in any patent or machinery connected therewith or is otherwise in the employ of the factory. It is provided that the State Government may, by order in writing and subject to such conditions as may be specified in the order, exempt any person or class of persons from the provisions of this sub-section in respect of any factory or class or description of factories. The certifying surgeon shall carry out such duties as may be prescribed in connection with- (a) the examination and certification of young persons under this Act; (b) the examination of persons engaged in factories in such dangerous occupations or processes as may be prescribed; (c) the exercising of such medical supervision as may be prescribed for any factory or class or description of factories where – (i) cases of illness have occurred which it is reasonable to believe are due to the nature of the manufacturing process carried on, or other conditions of work prevailing, therein; (ii) by reason of any change in the manufacturing process carried on or in the substances used therein or by reason of the adoption of any new manufacturing process or of any new substance for use in a manufacturing process, there is a likelihood of injury to the health of workers employed in that manufacturing process; (iii) young persons are, or are about to be, employed in any work which is likely to cause injury to their health.

(iii) Welfare Officer

Section 49 of the Act imposes statutory obligation upon the occupier of the factory of the appointment of Welfare Officer/s wherein 500 or more workers are ordinarily employed. Duties, qualifications and conditions of service may be prescribed by the State Government.

(iv) Safety Officer

Section 40-B empowers the State Government for directing a occupier of factory to employ such number of Safety Officers as specified by it where more than 1,000 workers are employed or where manufacturing process involves risk of bodily injury, poisoning or disease or any other hazard to health of the persons employed therein. The duties, qualifications and working conditions may be prescribed by the State Government.

Duties of Occupier /Manufacturer

(i) Notice by occupier (Section 7) According to sub-section (1), a written notice shall be sent by the occupier ,at least fifteen days before he begins to occupy or use any premises as a factory, to the Chief Inspector. The notice shall contain following details:-

(a) The name and situation of the factory;

(b) the name and address of the occupier;

(bb) the name and address of the owner of the premises or building (including the precincts thereof) referred to in section 93;

(c) the address to which communications relating to the factory may be sent;

(d) the nature of the manufacturing process- (i) carried on in the factory during the last twelve months in the case of factories in existence on the date of the commencement of this Act; and (ii) to be carried on in the factory during the next twelve months in the case of all factories; (e) the total rated horse power installed or to be installed in the factory, which shall not include the rated horse power of any separate stand-by plant;

(f) the name of the manager of the factory for the purposes of this Act;

(g) the number of workers likely to be employed in the factory;

(h) the average number of workers per day employed during the last twelve months in the case of a factory in existence on the date of the commencement of this Act;

(i) such other particulars as may be prescribed. Sub-section (2) states that in respect of all establishments which come within the scope of the Act for the first time, the occupier shall send a written notice to the Chief Inspector containing the particulars specified in subsection (1) within thirty days from the date of the commencement of this Act.

(ii) General duties of the occupier (Section 7A) Sub-section (1) mandates that every occupier shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory. Apart from general provisions of subsection 1, sub-section (2) provides the matters covered under this duty of the occupier:

(a) the provision and maintenance of plant and systems of work in the factory that are safe and without risks to health;

(b) the arrangements in the factory for ensuring safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances;

(c) the provision of such information, instruction, training and supervision as are necessary to ensure the health and safety of all workers at work;

(d) the maintenance of all places of work in the factory in a condition that is safe and without risks to health and the provision and maintenance of such means of access to, and egress from, such places as are safe and without such risks;

(e) the provision, maintenance or monitoring of such working environment in the factory for the workers that is safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work

Measures to be taken by factories for health, safety and welfare of workers: These measures are provided under Chapters III, IV and V of the Act which are as follows: A. Health Chapter III of the Act deals with the following aspects:

(i) Cleanliness: Section 11 of the Act makes provisions for ensuring cleanliness in the factory. It states that every factory shall be kept clean and free from effluvia arising from any drain, privy or other nuisance, and in particular- a.  accumulation of dirt and refuse shall be removed daily by sweeping or by any other effective method from the floors and benches of workrooms and from staircases and passages, and disposed of in a suitable manner;

b.  the floor of every workroom shall be cleaned at least once in every week by washing, using disinfectant, where necessary, or by some other effective method;

c.  Where a floor is liable to become wet in the course of any manufacturing process to such extent as is capable of being drained, effective means of drainage shall be provided and maintained;

d.  all inside walls and partitions, all ceilings or tops of rooms and all walls, sides and tops of passages and staircases shall- (i) where they are painted otherwise than with washable water-paint or varnished, be repainted or revarnished at least once in every period of five years; (ia) Where they are painted with washable water-paint, be repainted with at least one coat of such paint at least once in every period of three years and washed at least once in every period of six months; (ii) where they are painted or varnished or where they have smooth impervious surfaces, be cleaned at least once in every period of fourteen months by such method as may be prescribed; (iii) in any other case, be kept whitewashed or colour washed, and the whitewashing or colour washing shall be carried out at least once in every period of fourteen months;

e.  all doors and window frames and other wooden or metallic framework and shutters shall be kept painted or varnished and the painting or varnishing shall be carried out at least once in every period of five years;

f.  the dates on which the processes required by clause (d) are carried out shall be entered in the prescribed register.

(ii) Disposal of wastes and effluents (Section 12) Every occupier of a factory shall make effective arrangements for the treatment of wastes and effluents due to the manufacturing process carried on in the factory so as to render them innocuous and for their disposal. Such arrangements should be in accordance with the rules, if any, laid down by the State Government. If the State Government has not laid down any rules in this respect, arrangements made by the occupier should be approved by the prescribed authority, if required by the State Government.

(iii) Ventilation and temperature (Section 13) Section 13 provides that every factory should make suitable and effective provisions for securing and maintaining (1) adequate ventilation by the circulation of fresh air; and (2) such a temperature as will secure to the workers reasonable conditions of comfort and prevent injury to health. What is reasonable temperature depends upon the circumstances of each case. The State Government has been empowered to lay down the standard of adequate ventilation and reasonable temperature for any factory or class or description of factories or parts thereof. It may direct that proper measuring instruments at such places and in such position as may be specified shall be provided and prescribed records shall be maintained.

(iv) Dust and fume (Section 14)

There are certain manufacturing processes like chemical, textile or jute, etc., which generates lot of dust, fume or other impurities. It is injurious to the health of workers employed in such manufacturing process. Therefore, section 14 provides for the following measures to be adopted in this respect:

1.  Effective measures should be taken to prevent the inhalation and accumulation of dust, fumes etc., in the work-rooms.
2.  Wherever necessary, an exhaust appliances should be fitted, as far as possible, to the point of origin of dust fumes or other impurities. Such point shall also be enclosed as far as possible.
3.  In stationery internal combustion engine, exhaust should be connected into the open air.
4.  In cases of other internal combustion engine, effective measures should be taken to prevent the accumulation of fumes therefrom.

(v) Artificial humidification (Section 15) Humidity means the presence of moisture in the air. In certain industries like cotton, textile, cigarette, etc., higher degree of humidity is required for carrying out the manufacturing process. For this purpose, humidity of the air is artificially increased. This increase or decrease in humidity adversely affects the health of workers. In respect of all factories in which the humidity of the air is artificially increased, the State Government may make rules,- (a) prescribing standards of humidification; (b) regulating the methods used for artificially increasing the humidity of the air; (c) directing prescribed tests for determining the humidity of the air to be correctly carried out and recorded; (d) prescribing methods to be adopted for securing adequate ventilation and cooling of the air in the workrooms.

(vi) Overcrowding (Section 16)

Overcrowding in the work-room does not only affect the workers in their efficient discharge of duties but their health also. Section 16 has been enacted with a view to provide sufficient air space to the workers. The section prohibits the overcrowding in the work-rooms to the extent it is injurious to the health of the workers. Apart from this general prohibition, the section lays down minimum working space for each worker as 14.2 cubic metres of space per worker in every workroom.

(vii) Lightening(Section 17)

Section 17 made it mandatory to provide and maintain sufficient and suitable lighting, natural or artificial, or both in every part of a factory where workers are working or passing. In every factory all glazed windows and skylights used for the lighting of the workroom shall be kept clean on both the inner and outer surfaces and so far as compliance with the provisions of any rules made under section 13 will allow, free from obstruction. In every factory effective provision shall, so far as is practicable, be made for the prevention of-(a) glare, either directly from a source of light or by reflection from a smooth or polished surface;(b) the formation of shadows to such an extent as to cause eye-strain or the risk of accident to any worker.The State Government may prescribe standards of sufficient and suitable lighting for factories or for any class or description of factories or for any manufacturing process.

(viii) Drinking water (Section 18)

Section 18 deals with the provisions relating to arrangements for drinking water in factories. It provides that in every factory effective arrangements shall be made to provide and maintain at suitable points conveniently situated for all workers employed therein a sufficient supply of wholesome drinking water. All such points shall be legibly marked “drinking water” in a language understood by a majority of the workers employed in the factory, and no such point shall be situated within six meters of any washing place, urinal, latrine, spittoon, open drain carrying sullage or effluent or any other source of contamination] unless a shorter distance is approved in writing by the Chief Inspector.In every factory wherein more than two hundred and fifty workers are ordinarily employed, provisions shall be made for cooling drinking water during hot weather by effective means and for distribution thereof. In respect of all factories or any class or description of factories the State Government may 76 PP-LL&P make rules for securing compliance with the provisions of this section and for the examination by prescribed authorities of the supply and distribution of drinking water in factories.

(ix) Latrines and urinals (Section19)

The section made it mandatory that in every factory-(a) sufficient latrine and urinal accommodation of prescribed types shall be provided conveniently situated and accessible to workers at all times while they are at the factory;(b) separate enclosed accommodation shall be provided for male and female workers;(c) such accommodation shall be adequately lighted and ventilated, and no latrine or urinal shall, unless specially exempted in writing by the Chief Inspector, communicate with any workroom except through an intervening open space or ventilated passage;(d) all such accommodation shall be maintained in a clean and sanitary condition at all times;(e) sweepers shall be employed whose primary duty it would be to keep clean latrines, urinals and washing places.

(x) Spittoons (Section20)

According to the section, there shall be provided, in every factory, a sufficient number of spittoons in convenient places and they shall be maintained in a clean and hygienic condition. The State Government may make rules prescribing the type and the number of spittoons to be provided and their location in any factory and provide for such further matters relating to their maintenance in a clean and hygienic condition.

SAFETY Chapter IV of the Act contains provisions relating to safety.

These are discussed below:

(i) Fencing of machinery (Section21)

According to the section, fencing of machinery in use or in motion is obligatory. This Section requires that following types of machinery or their parts, while in use or in motion, shall be securely fenced by safeguards of substantial construction and shall be constantly maintained and kept in position, while the parts of machinery they are fencing are in motion or in use. Such types of machinery or their parts are: (i) every moving part of a prime mover and every flywheel connected to a prime mover, whether the prime mover or flywheel is in the engine house or not;

(ii) the headrace and tailrace of every water-wheel and water turbine;

(iii) any part of a stock-bar which projects beyond the head stock of a lathe; and  

(iv) unless they are in such position or of such construction as to be safe to every person employed in the factory as they would be if they were securely fenced, the following, namely,-(a) every part of an electric generator, a motor or rotary convector;(b) every part of transmission machinery; and(c) every dangerous part of any other machinery;

(ii) Work on or near machinery in motion (Section 22)

Section 22 lays down the procedure for carrying out examination of any part while it is in motion or as a result of such examination to carry out the operations mentioned under Section 21. Such examination or operation shall be carried out only by specially trained adult male worker wearing tight fitting clothing (which shall be supplied by the occupier) whose name has been recorded in the register prescribed in this behalf and who has been furnished with a certificate of appointment and while he is so engaged. No woman or young person shall be allowed to clean, lubricate or adjust any part of a prime-mover or any transmission machinery while the prime-mover or transmission machinery is in motion or to clean, lubricate or adjust any part of any machine if the cleaning, lubrication and adjustment thereof would expose the woman or the young person to risk of injury from any moving part either of that machine or of any adjacent machinery.

(iii) Employment of young persons on dangerous machines (Section 23)

 According to the section, any young person shall not be required or allowed to work at any machine to which this section applies, unless he has been fully instructed as to the dangers arising in connection with the machine and the precautions to be observed and-(a) has received sufficient training in work at the machine, or (b) is under adequate supervision by a person who has a thorough knowledge and experience of the machine. The above provision shall apply to such machines as may be prescribed by the State Government, being machines which in its opinion are of such a dangerous character that young person’s ought not to work at them unless the foregoing requirements are complied with.

 (iv) Striking gear and devices for cutting off power (Section 24)

The section provides that in every factory suitable striking gears or other efficient mechanical appliances shall be provided and maintained and used to move driving belts to and from fast and loose pulleys which form part of the transmission machinery and such gear or appliances shall be so constructed, placed and maintained as to prevent the belt from creeping back on the fast pulley. Further, driving belts when not in use shall not be allowed to rest or ride upon shafting in motion. Suitable devices for cutting off power in emergencies from running machinery shall be provided and maintained in every work-room in every factory. It is also provided that when a device which can inadvertently shift from ‘off’ to ‘on position in a factory’, cutoff power arrangements shall be provided for locking the devices on safe position to prevent accidental start of the transmission machinery or other machines to which the device is fitted.

(v) Self-acting machines (Section 25)

The section provides further safeguards to the workers injured by self-acting machines. It provides that no traversing part of a self-acting machine in any factory and no material carried thereon shall, if the space over which it runs is a space over which any person is liable to pass, whether in the course of his employment or otherwise, be allowed to run on its outward or inward traverse within a distance of forty-five centimeters from any fixed structure which is not part of the machine. It is provided that the Chief Inspector may permit the continued use of a machine installed before the commencement of this Act which does not comply with the requirements of this section on such conditions for ensuring safety as he may think fit to impose.

(vi) Casing of new machinery (Section 26)

The section provides for mandatory casing of new machinery to safeguard the lives of workers, It makes it mandatory to provide in all machinery driven by power and installed in any factory after the commencement of this Act,-(a) every set screw, bolt or key on any revolving shaft, spindle, wheel or pinion shall be so sunk, encased or otherwise effectively guarded as to prevent danger;(b) all spur, worm and other toothed or friction gearing which does not require frequent adjustment while in motion shall be completely encased, unless it is so situated as to be as safe as it would be if it were completely encased.

(vii) Prohibition of employment of women and children near cotton-openers (Section 27)

No woman or child shall be employed in any part of a factory for pressing cotton in which a cotton opener is at work. It is provided that if the feed-end of a cotton-opener is in a room separated from the delivery end by a partition extending to the roof or to such height as the Inspector may in any particular case specify in writing, women and children may be employed on the side of the partition where the feed-end is situated.

(viii) Hoists and lifts (Section 28) Section 28 (1) requires that in every factory every hoist and lift shall be-(i) of good mechanical construction, sound material and adequate strength;(ii) properly maintained, and shall be thoroughly examined by a competent person at least once in every period of six months and a register shall be kept containing the prescribed particulars of every such examination; Every hoist way and lift way shall be sufficiently protected by an enclosure fitted with gates, and the hoist or lift and every such enclosure shall be so constructed as to prevent any person or thing from being trapped between any part of the hoist or lift and any fixed structure or moving part; the maximum safe working load shall be plainly marked on every hoist or lift, and no load greater than such load shall be carried thereon; the cage of every hoist or lift used for carrying persons shall be fitted with a gate on each side from which access is afforded to a landing;

(ix) Lifting machines, chains, ropes and lifting tackles (Section 29)

The section provides for that the following provisions shall be complied in any factory in respect of every lifting machine (other than a hoist and lift) and every chain, rope and lifting tackle for the purpose of raising or lowering persons, goods or materials: (a) all parts, including the working gear, whether fixed or movable, of every lifting machine and every chain, rope or lifting tackle shall be-(i) of good construction, sound material and adequate strength and free from defects;(ii) properly maintained; and(iii) thoroughly examined by a competent person at least once in every period of twelve months, or at such intervals as the Chief Inspector may specify in writing; and a register shall be kept containing the prescribed particulars of every such examination; (b) no lifting machine and no chain, rope or lifting tackle shall, except for the purpose of test, be loaded beyond the safe working load which shall be plainly marked thereon together with an identification mark and duly entered in the prescribed register; and where this is not practicable, a table showing the safe working loads of every kind and size of lifting machine or, chain, rope or lifting tackle in use shall be displayed in prominent positions on the premises; (c) while any person is employed or working on or near the wheel track of a traveling crane in any place where he would be liable to be struck by the crane, effective measures shall be taken to ensure that the crane does not approach within six meters of that place.

(x) Revolving machinery (Section 30)

This section prescribes for permanently affixing or placing a notice in every factory in which process of grinding is carried on. Such notice shall indicate maximum safe working peripheral speed of every grindstone or abrasive wheel, the speed of the shaft or spindle upon such shaft or spindle necessary to secure such safe working peripheral-speed. Speed indicated in the notice shall not be exceeded and effective measures in this regard shall be taken to ensure that the safe working peripheral speed of every revolving vessel, cage, basket, flywheel, pulley, disc or similar appliance driven by power is not exceeded.

(xi) Pressure plant (Section 31)

The section provides for taking effective measures to ensure that safe working pressure of any plant and machinery, used in manufacturing process operated at pressure above atmospheric pressure, does not exceed the limits. The State Government may make rules to regulate such pressures or working and may also exempt any part of any plant or machinery from the compliance of this section. (xii) Floors, stairs and means of access (Section 32) The section provides that in every factory (a) all floors, steps, stairs passages and gangways shall be of sound construction and properly maintained and shall be kept free from obstruction and substances likely to cause persons to slip and where it is necessary to ensure safety, steps, stairs passages and gangways shall be provided with substantial handrails, (b) there shall, be so far as is reasonably practicable, be provided, and maintained safe means of access of every place at which any person is at any time required to work; (c) when any person has to work at a height from where he is likely to fall, provision shall be made, so far as is reasonably, practicable, by fencing or otherwise, to ensure the safety of the person so working.

(xiii) Pits, sumps, opening in floors, etc.( Section 33)

The section requires that in every factory every fixed vessel, sump, tank, pit or opening in the ground or in a floor which, by reason of its depth, situation, construction, or contents is or may be source of danger shall be either securely covered or securely fence. The State Government may exempt any factory from the compliance of the provisions of this Section subject to such conditions as it may prescribe. (xiv) Excessive weights (Section 34)

This section provides that no person shall be employed in any factory to lift, carry or make any load so heavy as to be likely to cause him injury. The State Government may make rules prescribing the maximum weights which may be lifted, carried or moved by adult men, adult women, adolescents and children employed in factories or in any class or description of factories or in carrying on any specified process.

(xv) Protection of eyes (Section 35)

The section requires the State Government to make rules and require for providing the effective screens or suitable goggles for the protection of persons employed on or in immediate vicinity of any such manufacturing process carried on in any factory which involves (i) risk of injury to the eyes from particles or fragments thrown off in the course of the process or; (ii) risk to the eyes by reason of exposure to excessive light.

(xvi) Precautions against dangerous fumes, gases, etc.(Section 36)

 In order to prevent the factory workers against dangerous fumes, special measures have been taken under the Factories Act. The Act prohibits entry in any chamber, tank, vat, pit, pipe, flue, or other confined space in any factory in which any gas, fume, vapour or dust is likely to be present, to such an extent as to involve risk to persons being overcome thereby, except in cases where there is a provision of a manhole of adequate size or other effective means of egress. [Section 36 (1)]. No person shall be required or allowed to enter any confined space such as is referred to in sub-section (1) until all practicable measures have been taken to actually remove the gas, fumes or dust, which may be present so as to bring its level within the permissible limits and to prevent any ingress of such gas, fume, vapour or dust and unless (a) a certificate in writing has been given by a competent person, based on a test carried out by himself that the space is reasonably free from dangerous gas, fume, vapour or dust; or (b) such person is wearing suitable breathing apparatus and a belt securely attached to a rope, the free end of which is held by a person outside the confined space. [Section 36 (2)].

(xvii) Precautions regarding the use of portable electric light (Section 36-A)

The Act prohibits use of portable electric light or any other electric appliance of voltage exceeding 24 volts inside any chamber, tank, vat, pit, pipe, flue or other confined space in any factory unless adequate safety devices are provided; and if any inflammable gas, fume or dust is likely to be present in such chamber, tank, vat, pit, pipe, flue or other confined space ,no lamp or light other than that of flame proof construction shall be permitted to be used therein unless adequate safety devices are provided.

(xviii) Explosive or inflammable dust, gas, etc. (Section 37)

The section provides for mandatory requirement to take all practicable measure in every factory where any manufacturing process produces dust, gas, fume or vapour of such character and to such extent to be likely to explode on ignition, to prevent any such explosion. These practical measures include (a) effective enclosure of the plant or machinery used in the process (b) removal or prevention of the accumulation of such dust, gas fume or vapour, and (c) exclusion or effective enclosure of all possible sources of ignition.

(xix) Precautions in case of fire (Section 38)

In every factory all practicable measures shall be taken to outbreak of fire and its spread, both internally and externally and to provide and maintain (a) safe means of escape for all persons in the event of fire, and (b) the necessary equipment and facilities for extinguishing fire. Effective measures shall be taken to ensure that in every factory all the workers are familiar with the means of escape in case of fire and have been adequately trained in the outline to be followed in such case. The State Government may make rules, in respect of any factory or class or description of factories, requiring the measures to be adopted to give effect to the provisions. The Chief Inspector may, having regard to the nature of the work carried on in any factory, the construction of such factory, special risk to life or safety, or any other circumstances, by order in writing, require that such additional measures as he may consider reasonable and necessary, be provided in the factory before such date as is specified in the order.

 (xx) Power to require specifications of defective parts or tests of stability (Section 39) If it appears to the Inspector that any building or part of a building or any part of the ways, machinery or plant in a factory is in such a condition that it may be dangerous to human life or safety, he may serve on the occupier or manager or both of the factory an order in writing requiring him before a specified date-(a) to furnish such drawings, specifications and other particulars as may be necessary to determine whether such buildings, ways, machinery or plant can be used with safety, or (b) to carry out such tests in such manner as may be specified in the order, and to inform the Inspector of the results thereof.

(xxi) Safety of buildings and machinery (Section 40.)

 If it appears to the Inspector that any building or part of a building or any part of the ways, machinery or plant in a factory is in such a condition that it is dangerous to human life or safety, he may serve on the occupier or manager or both of the factory an order in writing specifying the measures, which in his opinion should be adopted and requiring them to be carried out before a specified date. If it appears to the Inspector that the use of any building or part of a building or any part of the ways, machinery or plant in a factory involves imminent danger to human life or safety he may serve on the occupier or manager or both of the factory an order in writing prohibiting its use until it has been properly repaired or altered.

(xxii) Maintenance of buildings (Section 40-A)

 If it appears to the Inspector that any building or part of a building in a factory is in such a state of disrepair as is likely to lead to conditions detrimental to the health and welfare of the workers, he may serve on the occupier or manager or both of the factory an order in writing specifying the measures which in his opinion should be taken and requiring the same to be carried out before such date as is specified in the order.

(xxiii) Safety Officers (Section 40-B)

If State Government requires, by notification in Official Gazette, the occupier shall employnsuch number of Safety Officers as may be specified in that notification in every factory-(i) wherein one thousand or more workers are ordinarily employed, or(ii) wherein, in the opinion of the State Government, any manufacturing process or operation is carried on, which process or operation involves any risk of bodily injury, poisoning or disease or any other hazard to health, to the person employed in the factory. The duties, qualifications and conditions of service of Safety Officers shall be such as may be prescribed by the State Government.

(xxiv) Power to make rules to supplement this Chapter (Section 41)

This section vests in the State Government authority to make rules requiring the provision in any factory or in any class or description of factories of such further devices and measures for securing safety of persons employed therein as it may deem necessary.

WELFARE (SECTIONS 42 TO 50)

Washing facilities (Section 42)

In every factory , there shall be provided (a) adequate and suitable facilities for washing shall be provided and maintained for use of the workers therein; (b) separate and adequately screened facilities shall be provided for the use of male and female workers; (c) such facilities shall be conveniently accessible and shall be kept clean. The State Government may, in respect of any factory or class or description of factories or of any manufacturing process, prescribe standards of adequate and suitable facilities for washing.

Facilities for storing and drying clothing (Section 43)

The State Government may, in respect of any factory or class or description of factories, make rules requiring the provision therein of suitable place for keeping clothing not worn during working hours and for the drying of wet clothing.

Facilities for sitting (Section 44)

There shall be suitable arrangements for sitting in every factory and they shall be maintained for all workers obliged to work in a standing position. The provision ensures such worker may take advantage of any opportunities for rest which may occur in the course of their work. If, in the opinion of the Chief Inspector, the workers in any factory engaged in a particular manufacturing process or working in a particular room, are able to do their work efficiently in a sitting position, he may, by order in writing, require the occupier of the factory to provide before a specified date such seating arrangements as may be practicable for all workers so engaged or working. The State Government is vested with the power to exempt, by notification in the Official Gazette, any specified factory or class or description of factories or to any specified manufacturing process from compliance of the provisions of this section.

First-aid-appliances (Section 45)

In every factory, there shall be provided and maintained so as to be readily accessible during all working hours’ first-aid boxes or cupboards equipped with the prescribed contents. At least one such box or cupboard shall be provided and maintained for every one hundred and fifty workers ordinarily employed at any one time in the factory. It is also mandatory that nothing except the prescribed contents shall be kept in a first-aid box or cupboard. Each first-aid box or cupboard shall be kept in the charge of a separate responsible person, who holds a certificate in first-aid treatment recognized by the State Government and who shall always be readily available during the working hours of the factory. There shall be provided and maintained an ambulance room of the prescribed size, containing the prescribed equipment in every factory wherein more than five hundred workers are ordinarily employed. The ambulance shall be in the charge of such medical and nursing staff as may be prescribed and those facilities shall always be made readily available during the working hours of the factory.

Canteens (Section 46)

The State Government may make rules requiring that the occupier shall provide and maintain a canteen or canteens for the use of the workers in any specified factory wherein more than two hundred and fifty workers are ordinarily employed. Without prejudice in the generality of the foregoing power, such rules may provide for- (a) the date by which such canteen shall be provided; (b) the standard in respect of construction, accommodation, furniture and other equipment of the canteen; (c) the foodstuffs to be served therein and the charges which may be made therefor; (d) the constitution of a managing committee for the canteen and representation of the workers in the management of the canteen; (dd) the items of expenditure in the running of the canteen which are not to be taken into account in fixing the cost of foodstuffs and which shall be borne by the employer ; (e) the delegation to Chief Inspector subject to such conditions as may be prescribed, of the power to make rules under clause (c).

 Shelters, rest-rooms and lunch-rooms (Section 47)

It is mandatory to provide and maintain adequate and suitable shelters or rest-rooms and a suitable lunch-room, with provision for drinking water, where workers can eat meals brought by them in every factory wherein more than one hundred and fifty workers are ordinarily employed. It is provided that any canteen maintained in accordance with the provisions of section 46 shall be regarded as part of the requirements of this section. It is also provided further that where a lunch-room exists no worker shall eat any food in the work-room. The shelters or rest-room or lunch-room to be provided shall be sufficiently lighted and ventilated and shall be maintained in a cool and clean condition. The State Government may (a) prescribe the standards, in respect of construction accommodation, furniture and other equipment of shelters, rest-rooms and lunch-rooms to be provided under this section;(b) by notification in the Official Gazette, exempt any factory or class or description of factories from the requirements of this section.

Creches (Section 48)

It is compulsory to provide and maintain a suitable room or rooms for the use of children under the age of six years of women in every factory wherein more than thirty women workers are ordinarily employed. Such rooms shall provide adequate accommodation, shall be adequately lighted and ventilated, shall be maintained in a clean and sanitary condition and shall be under the charge of women trained in the care of children and infants. The State Government may make rules-(a) prescribing the location and the standards in respect of construction, accommodation; furniture and other equipment of rooms to be provided, under this section;(b) requiring the provision in factories to which the section applies, of additional facilities for the care of children belonging to women workers, including suitable provision of facilities for washing and changing their clothing;(c) requiring the provision in any factory of free milk or refreshment or both for such children;(d) requiring that facilities shall be given in any factory for the mothers of such children to feed them at the necessary intervals.

Welfare Officers (Section 49):

In every factory wherein five hundred or more workers are ordinarily employed the occupier shall employ in the factory such number of welfare officers as may be prescribed. The State Government may prescribe the duties, qualifications and conditions of service of officers so employed.

Annual Leave with Wages (Section 79)

Every worker who works for 240 days in a calendar year, is allowed an annual leave with wages at the rate of one day for every 20 days of work performed in case of an adult and one day for every 15 days of work performed in the case of a child. Annual leaves can be carried forwarded upto 30 days in the case of an adult and 40 days in the case of a child.
 
Obligations of the Employer

The main obligations of the employer are as under :
(a) to obtain the apptoval of the appropriate government for the to cation, site plan and construction of the factory and also the license for operating the factory;

(b) to implement all the provisions of the Act, and undertake the health, safety and welfare measures as prescribed under the Act:

(c)    to send written notice to the Chief Inspector at least 15 days before occupying or using the premises as a factory along with the required information;

(d)    to provide all benefits and facilities to the workers such as annual leave, weekly holidays, double wages for overtime, washing facility, first aid, canteens, creches, rest and lunch rooms as prescribed under the act;

(e)    to display abstract of the Act, notices, maintain registers and records as required under the Act and submit to the government returns required for the proper enforcement of the Act; and

(f)    to report fatal and other accidents and occupational disease if contracted by any worker to the specified authority as may he prescribed under the Act.

WORKING HOURS OF ADULTS (SECTIONS 51 TO 66)

Weekly hours (Section 51)

 No adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week.

Weekly holidays (Section 52)

There shall be holiday for the whole day in every week and such weekly holiday shall be on the first day of the week. However, such holiday may be substituted for any one of the three days immediately before or after the first day of the week provided the manager of the factory has: (i) delivered a notice at the office of the Inspector; and (ii) displayed a notice in the factory to this effect. The effect of all this is that subject to above said conditions (i) and (ii) there shall be a holiday during ten days. In other words no adult worker shall work for more than ten days consecutively without a holiday for the whole day.

Compensatory holidays (Section 53)

 Where, as a result of the passing of an order of the making of a rule under the provisions of this Act exempting a factory or the workers therein from the provisions of section 52, a worker is deprived of any of the weekly holidays for which provision is made that section, he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost. The State Government may prescribe the manner in which the holidays for which provision is made shall be allowed.

Daily hours (Section 54)

An adult worker, whether male or female shall not be required or allowed to work in a factory for more than 9 hours in any day. Section 54 should be read with Section 59.

Intervals for rest (Section 55)

The periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour. The State Government or, subject to the control of the State Government, the Chief Inspector,  may, by written order and for the reason specified therein, exempt any factory from compliance of this section so however that the total number of hours worked by a worker without an interval does not exceed six.

Spread over (Section 56)

The period of work of an adult worker in a factory shall be so arranged that inclusive of his intervals for rest under section 55, they shall not spread over more than ten and a half hours in any day. It is provided that the Chief Inspector may, for reasons to be specified in writing, increase the spread over up to twelve hours.

Night shifts (Section 57)

Where a worker in a factory works on a shift which extends beyond midnight,- (a) for the purposes of sections 52 and 53, a holiday for a whole day shall mean in his case a period of twenty-four consecutive hours beginning when his shift ends; (b) the following day for him shall be deemed to be the period of twenty-four hours beginning when such shift ends, and the hours he has worked after midnight shall be counted in the previous day.

Prohibition of overlapping shifts (Section 58) Work shall not be carried on in any factory by means of a system of shifts so arranged that more than one relay of workers is engaged in work of the same kind at the same time. The State Government or subject to the control of the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt on such conditions as may be deemed expedient, any factory or class or description of factories or any department or section of a factory or any category or description of workers therein from the provisions of this section.

Extra wages for overtime (Section 59)

Where a worker works in a factory for more than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages. The ordinary rate of wages here means the basic wages plus such allowances, including the cash equivalent of the advantage accuring through the concessional sale to workers of foodgrains and other articles, as the worker is for the time being entitled to, but does not include a bonus and wages for overtime work.